San Antonio Criminal Lawyers Blog

United States Magistrate Judge Robert L. Pitman has been nominated as the United States Attorney for the Western District of Texas. There are seven separate offices in the district, which encompasses 68 counties and serves about 6.5 million people. The main office is located in San Antonio, with branch offices in Austin, Del Rio, Midland, El Paso, Waco, Alpine, and Pecos. Judge Pitman was recommended for United States Attorney in 2009, nominated by President Barack Obama on June 27, 2011, confirmed by the United States Senate on September 26, 2011, and will serve for a four year term after being sworn in.

Born in Fort Worth and now living in Austin, Judge Pitman received his B.S. from Abilene Christian University and his J.D. from the University of Texas at Austin School of Law. From 1988 until 1989 he was a Law Clerk in the United States District Court for the Northern District of Texas. He was the Assistant United States Attorney from 1990 until 2003. In 2001 he served as the interim United States Attorney for the Western District of Texas, and from 2001 until 2003 he was the Deputy United States Attorney. He became the Magistrate Judge of the United States District Court for the Western District of Texas in 2003.

Judge Pitman has received commendations from the Federal Bureau of Investigations, the United States Secret Service, the Department of State, the Bureau of Diplomatic Security, the Drug Enforcement Administration, the Executive Office for United States Attorneys, and the Federal Deposit Insurance Corporation. Furthermore, he is the founding president of the Lloyd Lochridge American Inns of Court in Austin, a board member for the Heritage Society of Austin, has memberships on the United Way Inclusiveness Task Force and on the Hill Country Ride for AIDS Production Team, and serves on the Board of Directors of United Cerebral Palsy.

Continue reading "San Antonio, Texas: Honorable Robert L. Pitman Nominated to Serve as U.S. Attorney for the Western District of Texas" »

The legal system in the State of Texas has come under fire lately for their inconsistencies. Two recent cases highlight the unstable nature within the courts. The state takes a hard-line on criminals, but are citizens actually getting fair trials? San Antonio, Texas has come under scrutiny in the past as well for executing an innocent man, Ruben Cantu. Currently, there are 23 inmates on death row from Bexar County.

Steven Michael Woods Jr. was executed on September 13, 2011. A drifter with no prior record, he was the 10th person put to death in the state of Texas this year. He was convicted of capital murder in 2002 for the 2001 deaths of a man and woman in The Colony, TX, located in North Dallas. Woods and a co-defendant (Marcus Rhodes) were tried for the deaths. Woods admitted he was at the scene, but insisted that he did not do the actual killings. There was no physical or DNA evidence linking Woods to the murder. Woods' conviction was based primarily on witnesses' testimonies. Witnesses were not present at the murders and based their testimonies on conversations they had heard. Rhodes, who admitted to shooting and stabbing the victims, pleaded guilty to avoid a trial. Backpacks belonging to the victims were found in Rhodes' car and the guns used were found at the home of Rhodes' parents. Rhodes, who admitted to doing the actual killings, is serving a life sentence in prison while Woods, who did not murder anyone, was executed.

The case against Woods' was primarily based on Texas' Law of Parties (Texas Penal Code Section 7.02). The law states that a person can be held criminally responsible by aiding and abetting a felony in the course of which a murder is committed by others but who does not himself kill, attempt to kill, or intend to kill. In other words, a person can be convicted of guilt by association, even if they did not have the intent or knowledge that a murder was going to be committed.

Continue reading "Death Penalty in Texas: Two Recent Scheduled Executions Call Into Question the Inconsistent Justice System" »

On September 12, 2011, Julie Navejar, a San Antonio, Texas teenager who left her daughter at a west side fire station in 2009 pleaded no contest in the 289th District Court. Pursuant to her plea deal that was arranged by her criminal defense attorney, the State will not ask the judge to sentence her for more than 12 years in prison. She is applying for deferred adjudication, which if the judge grants her application for deferred and she completes the probationary period, she will not have a final conviction on her record. The prosecutor says she will be opposing her request for deferred adjudication. Navejar will officially receive her sentence in November of this year. Although she was only 16 years old when the incident occurred, the juvenile court judge certified to allow her to stand trial as an adult.

The teen's boyfriend, Ramiro de la Rosa, is still awaiting trial. It is alleged that the boyfriend physically abused the child before they left the lifeless infant at the fire station. De la Rosa told police that days before the baby died he would slap her and choke her when she would not stop crying. The teen girl admitted during an interview that she was addicted to heroin and did not care for the child properly. Navejar's defense attorney explained to the court during the hearing that her boyfriend would inject her with heroin and force her to prostitute herself. He would also physically abuse her as well.

Continue reading "San Antonio Teen Pleads No Contest in Death of Her 7-week-old Daughter" »

Governor Rick Perry signed several bills into law that will impact the San Antonio area and surrounding communities, Bexar county, and Texas. The regular 82nd legislative session ended on May 30, 2011, and the following Senate Bill took effect on September 1, 2011. The following summary of the law concerns the Penal Code, the Family Code, the Code of Criminal Procedure, the Family Code, and the Education Code. This new law, and all Texas laws, can be located at the Texas Constitution and Statutes website. As with all new laws, the changes made apply only to offenses committed on or after the effective date.

SB 407, Relating to the creation of the offense of electronic transmission of certain visual material depicting a minor and to certain educational programs concerning the prevention and awareness of that offense. Penal Code Sections 37.09 and 43.26 amended, and Section 43.261 added. Code of Criminal Procedure Chapter 6 and Articles 38.45, 39.15, 42.12, 45.0215 and 45.0216 amended, and Articles 6.09 and 45.061 added. Family Code Sections 51.03, 51.08, 51.13, 58.003, 59.004, and 61.002 amended, and Section 54.0404 added. Education Code Section 37.218 added.

Previously, minors who were convicted of "sexting" (sending sexually explicit material via electronic means) would be tried as adults under pornography laws. The term "sexting" has recently made it into the Oxford Dictionary. The consequences for the minor could have been a possible felony conviction and registration as sexual offenders, which would have resulted in a lifetime of negative stigmatisms. Under the new law, the punishments more accurately fit the crimes and take into account a defendant's impressionable age and whether it is their first conviction.

The new law uses a tiered system and minors are to be charged with misdemeanors. Individuals who are 17 years of age and younger can be tried for both the promotion and the possession of sexting material. Minors facing their first conviction of sexting will be charged with a Class C misdemeanor (maximum fine of $500). A second offense is a Class B misdemeanor (up to 180 days in jail and maximum fine of $2000) and a third offense is a Class A misdemeanor (up to one year in jail and maximum fine of $4000).

There are several requirements associated with the new law. County court judges are required to take a minor's plea in an open court. Parent(s) of the minor are required to be in attendance in the court. All records are to be expunged on the 17th birthday of the minor if they have been convicted of only one sexting offense. For cases punishable by fines only, the case will be transferred to juvenile court. If the defendant is convicted and required to complete an educational program, the defendant and/or the parents are held financially responsible for any costs. The courts are allowed to seal the records of minors who attend and complete an educational program.

In addition, the new law requires the Texas School Safety Center, in cooperation with the Office of the Attorney General, develop the program for the psychological, social and legal consequences to be used by Texas school districts to educate students. The program must be written by January 1, 2012, and updated each year. The program will be available beginning the 2012-2013 school year. Each school district will decide what grade level is appropriate for introduction.

Continue reading "San Antonio Teens and Parents: New "Sexting" Law in Texas" »

Governor Rick Perry signed several bills into law that will impact the San Antonio area indigent criminal defense system and surrounding communities, Bexar county, and Texas. The regular 82nd legislative session ended on May 30, 2011, and the following House Bill will take effect on September 1, 2011. The following summary of the law concerns the Government Code, the Code of Criminal Procedure, and the Local Government Code. This new law, and all Texas laws, can be located at the Texas Constitution and Statutes website. As with all new laws, the changes made apply only to offenses committed on or after the effective date.

HB 1754, Relating to the reorganization of powers and duties among agencies in this state that provide representation to indigent defendants in criminal cases and to the reorganization of funding sources for indigent defense. Subtitle F, Title 2, Government Code, is amended by adding Chapter 79. Section 71.001, Government Code, is amended. Section 78.052(b), Government Code, is amended. Section 78.056(b), Government Code, is amended. Section 81.054(c), Government Code, is amended. Section 402.035(c), Government Code, is amended. Article 26.04, Code of Criminal Procedure, is amended by amending Subsections (a), (d), and (f) and adding Subsection (f-1). The heading to Article 26.044, Code of Criminal Procedure, is amended. Article 26.044, Code of Criminal Procedure, is amended by amending Subsections (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), and (m) and adding Subsections (b-1) and (c-1). Chapter 26, Code of Criminal Procedure, is amended. Chapter 26, Code of Criminal Procedure, is amended. Articles 26.05(a), (c), and (d), Code of Criminal Procedure, are amended. Section 11(a), Article 42.12, Code of Criminal Procedure, is amended. Section 133.107, Local Government Code, is amended. The following are repealed: (1) Article 26.05(i), Code of Criminal Procedure; (2) Section 71.0351, Government Code; and (3) Subchapter D, Chapter 71, Government Code.

The Texas House Bill sets up the Indigent Defense Commission. This new state agency replaces the Task Force on Indigent Defense, it becomes a permanent standing Commission of the Texas Judicial Council. While the new Commission will remain administratively attached to the Office of Court Administration, it will maintain an independent budget and must prepare and submit its own Legislative Appropriations Requests. The Commission will be made up of eight ex officious members and five appointive members. All powers, staff, property, and appropriations will be transferred from the abolished Task Force to the established Commission.

Continue reading "New Law Will Effect Criminal Defense and the Indigent Defense System in San Antonio, Bexar County, Texas and the State of Texas" »